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WEXLER v. LEPORE

No. 04-12826.

385 F.3d 1336 (2004)

Robert WEXLER, Congressman, Addie Greene, Commissioner, et al., Plaintiffs-Appellants, v. Theresa LEPORE, Supervisor of Elections for Palm Beach County, Kay Clem, Supervisor of Elections for Indian River County, Florida and President of the Florida Association of Supervisors of Elections, et al., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

September 27, 2004.

Attorney(s) appearing for the Case

Robert S. Peck, Ctr. for Const. Lit., Washington, DC, Jeffrey M. Liggio, Liggio, Benrubi & Williams, PA, West Palm Beach, FL, for Plaintiffs-Appellants.

Ronald A. Labasky, Landers & Parsons, P.A., George L. Waas, Atty. Gen.-Dept. of Legal Affairs, Tallahassee, FL, Paul C. Huck, Jr., Ft. Lauderdale, FL, for Defendants-Appellees.

Dennis James Plews, Finkelstein & Associates, P.A., Sarasota, FL, for Amici Curiae.

Before EDMONDSON, Chief Judge, FAY, Circuit Judge, and CORRIGAN, District Judge.

PER CURIAM:

Citing the Younger doctrine, the district court abstained from exercising its jurisdiction to hear Appellants' constitutional challenge to the method of recounting electoral votes in fifteen Florida counties. We vacate that decision and remand for a consideration of the merits.

BACKGROUND

Plaintiff-Appellant Wexler filed two actions challenging the recount system in fifteen Florida counties...

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